In what circumstances will a court order Noble China not to proceed with its annual meeting until a revised management proxy circular is distributed to shareholders?

Ontario, Canada


The following excerpt is from Polar Star Mining Corporation v. Willock, 2009 CanLII 11436 (ON SC):

In Cheong v. Noble China, the applicant sought an order enjoining Noble China from proceeding with its annual meeting until a revised management proxy circular was distributed to shareholders. The applicant alleged the management proxy circular contained misstatements and omissions. While the circular was inaccurate, Blair J. concluded that what was really at issue was a bitter battle between a private shareholder and the company, and not something of importance to the shareholders as a group. He concluded that the court was not justified in exercising its discretion to restrain the annual meeting or grant the other relief sought.

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